Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-08-19
INTERSTATE LAW.
CHAIRMAN C0oLRY's EXPLANATORY
LITTER ON ITS SCOPE.
The Commissions Powers to Afford Relief
and How Complaints Should
DO Made.
fwashingfon Star. ]

who had complained Of railroad
rate:
Ann ARBoR, August Is, 1887.
Dear Sir,-A communication from
You complaining Of rate which has
been imposed on merchandise trans
ported by railroad for you has been
forwarded TO me from Washington fo-
answer. / incline to think from the
wording Of your letter that You sup
pose the commission to have much
greater powers than its members un-
derstand the law has conferred upon it /;
and il is 10 correct this impression
that write more at length now than
would otherwise be important. 1t is
not. as we have found, an uncom-
mon superstition among business
men that the commission has
been given n general authority TO
alter and correct railroad rates
by prompt action, with or without COM
plant of the rates being made; and
IL is sometimes criticised for not doing
more in this direction. IL one were 70
consider for moment the vast extent
of our country aud of its railroad sys-
TEN, immensely greater than that Of
any other nation ON the globe, and
were nj the same time to bear in mind
how common is the fault-Gnding with
railroad charges. he might then have
some little idea what would he involved
in any attempt thus to supervise aud
correct at discretion what might be
thought wrong; but he would be
more forcibly impressed with the
impossibility Of any oh-hand cor
rection of railroad abuses if he were in
the way of seeing and noting the
grounds of the complaints which are
actually sent in FOR the commissions
action. In a single day within the
present week complaining letters were
received from California, Utah, New
York city, North Carolina, G.ld Arkan
sas, as well as from points nearer home,
and in nearly every case the party
complaining was apparently under the
impression that the commission was
charged with duty TO proceed imme-
diately and ascertain as best it might by
local investigation whether the rate com
planned of was just or unjust, and that he
on his part had done all that was required
Of him when he had brought the matter
TO the commissions attention. In very
many of these cases the communications
sent III do not contain any such state
ment Of the facts as to enable the com
mission To form an opinion whether
the complaint is or is not probably
well founded and if it were to proceed
at once to make an investigation 1t
must then DO SO without prinG .fUcic
cause for il having been shown. In
some instances the communication Is
not even a complaint the writer only
expressing lis belief or his suspi-
cion that there is wrong Of some
kind which ought to be corrected,
and taking it for granted that such
an expression viii be sufficient TO
demand the commissions action. IN
one communication recently received
desire was expressed that investigation
he entered upon in a distant part Of
the country, where railroad classical
tion and rates we're supposed 10 be pre-
judicial to the public interest. though
the writer frankly stated that he could
not himself indicate any particular
thing as wrong, and that he knew of DO
one who was complaining. As any one
nav send such communication, and
In most cases the writers viii be en-
tiroly unknown to the commission, IT
cannot always be known even that It Is
sent in good faith, much less that Il Is
probably made on good grounds.
In many of the eases thus brought
=. ,t,,,, ~ 20 -. Il. av,,a..tol
that We will not only correct the course
Of the roads for the future, bat also
order REMINDING Of over-chargcs. To
man of Your large business experience
il will readily occur, on reflection, that
Congress would not be likely to pass Il
law giving such summary and auto
clatic powers. To look 10 further for
reasons against it, ample might be
found in the fact that II the commits
sion were to thus undertake to respond
To calls which any one III any part
Of the country might make 1t pleasure
and without responsibility, 1t must
soon, from more accumulation o.
cases, find itself powerless for etfcc-
tive work, and thus the law itself be
come unworkablc. The commission
perceived this very clearly at tie out
set, and deemed it absolutely necessary
TO require that complaints he verified
in proof Of commences and good faith,
and that they recite sufficient of the
facts to make out an apparent case of
Injustice which would fairly Justify the
railroad company being called upon to
answer. When these requirements
have been brought to the attention OF
those from whom communications were
received very large proportion OF
them are not heard from further.
Sometimes We have reason to believe
this is because they have discovered
tLey were mistaken in the facts, and
sometimes because they have learned
the law is not what they supposed, while
in some cases the grounds OF complaint
were Of such tiitling importance that
when it was found the case could not
be passed upon suinmarily and crpGrlf
the persons finding fault did not think
il worth while to make formal COM
plant. But Notwithstanding this a
sufficient number Of complaints have
been duly and responsibility made to
keep the commission fully occupied
and if il he'd attempted to consider
everything that was sent in without re-
curing priDld .fccic showing of rea-
sons for its Intervention it would pro-
baby have accomplished far less than
il has, because its attention would have
been Withdrawn from substantial and
LOn0,fdo charges TO those which
were not shown 10 be such, and which,
in many eases, there is reason to be-
heve would have turned out to be mis-
takenly or inconsiderately made. This
would have been worse than mere
wasting of time. 1t would have rem
dered impossible much that, as the
commission believes, has SO far been
usefully accomplished. Taking up such
complaints as by their showing fairly
challenged It's attention, the commits
sion has been able to secure a corroc-
ton Of many faults and wrongs, some
times as result OF public investlga-
ton, but more often through such rep
reservations to the parties complained
OF as convinced them of the advisa-
bility OF giving redress without await
ing adverse proceedings.
But another reason why Congress
would not have given such summary
powers is that il is always supposable
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